15

 

 

Second Session, 50th General Assembly

1 Charles III, 2022

BILL 15

AN ACT TO ENSURE FAIR REGISTRATION PRACTICES BY REGULATING BODIES

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE GERRY BYRNE

Minister of Immigration, Population Growth and Skills

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would enact the Fair Registration Practices Act.

The Bill would

ˇ      require regulatory bodies to provide registration practices that are transparent, timely and fair;

ˇ         require regulatory bodies to have a process for an internal review of a registration decision within a time period prescribed in the regulations;

ˇ      require regulatory bodies to review their registration practices on an ongoing basis and submit regular reports about those practices to the minister; and

ˇ      authorize the minister to issue compliance orders to a regulatory body where the minister is of the opinion that a regulatory body has failed to comply with the Act or the regulations.

A BILL

AN ACT TO ENSURE FAIR REGISTRATION PRACTICES BY REGULATING BODIES

Analysis

        1.   Short title

        2.   Definitions

        3.   Application

        4.   General duty

        5.   Duty to provide information

        6.   Qualifications for registration

        7.   Timely decisions, responses and reasons

        8.   Regulatory bodies to collaborate in program development

        9.   Internal review

      10.   Review of registration practices

      11.   Powers and duties of minister

      12.   Delegation of powers and duties

      13.   Expedited process

      14.   Office established

      15.   Compliance order

      16.   Annual report

      17.   Conflict

      18.   Protection from liability

      19.   Crown bound

      20.   Offence

      21.   Forms

      22.   Regulations

      23.   Commencement

 

              Schedule A
Schedule B

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Fair Registration Practices Act.

Definitions

        2. In this Act

             (a)  "applicant" means an individual who applies to a regulatory body to be registered in a regulated profession;

             (b)  "education provider" means a post-secondary educational institution

                      (i)  established by an Act of the province or of another province or territory; or

                     (ii)  approved by the minister;

             (c)  "internal review" means a rehearing, reconsideration, review or appeal or another process provided by a regulatory body in respect of the merits of a registration decision, regardless of the terminology used to described the process;         

             (d)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (e)  "registration" means the granting of membership, with or without conditions, in a regulated profession, whether by licensure, admission, certification, enrolment or other means, regardless of the terminology used by the regulatory body;

             (f)  "registration practices" means the administrative steps taken by a regulatory body to process an application for registration but does not include the standards and objective requirements set by a regulatory body to assess the qualifications of individuals applying for registration;

             (g)  "registration decision" means, regardless of the terminology used by a regulatory body, a decision to

                      (i)  register an applicant,

                     (ii)  refuse to register an applicant, or

                    (iii)  register an applicant subject to restrictions, limitations or conditions;

             (h)  "regulated profession" means a profession regulated by a regulatory body; and

              (i)  "regulatory body" means a body prescribed in Schedule A or a person prescribed in Schedule B.

Application

        3. This Act applies to a regulatory body.

General duty

        4. A regulatory body has a duty to provide registration practices that are transparent, timely and fair.

Duty to provide information

        5. A regulatory body shall provide information about the following matters, in a clear and understandable form:

             (a)  the regulatory body's registration practices and internal review processes;

             (b)  the amount of time that the registration process usually takes;

             (c)  the requirements for registration, any alternative means of meeting any of the requirements and the criteria used to assess whether the requirements have been met;

             (d)  any support the regulatory body provides to applicants or other available supports for applicants of which the regulatory body is aware, with respect to the registration process;

             (e)  any fees relating to registration; and

             (f)  other matters prescribed in the regulations.

Qualifications for registration

        6. (1) A regulatory body shall ensure that

             (a)  the requirements for registration are necessary for, or relevant to, the practice of the regulated profession; and

             (b)  the criteria used in an assessment of qualifications is necessary to assess the competence in the practice of the regulated profession.

             (2)  A regulatory body shall make information publicly available respecting

             (a)  the documents that are required to accompany an application for registration as proof of the applicant's qualifications; and

             (b)  any alternative proof of the applicant's qualifications that may be acceptable to the regulatory body if an applicant cannot obtain the documents referred to in paragraph (a) for reasons beyond the applicant's control.

             (3)  A regulatory body that assesses the qualifications of an applicant shall do so in a way that is transparent, timely and fair.

             (4)  A regulatory body that relies on a third party to assess the qualifications of an applicant shall take reasonable measures to ensure that the third party conducts the assessment in a way that is transparent, timely and fair.

Timely decisions, responses and reasons

        7. A regulatory body shall

             (a)  make its registration decisions within the time period prescribed in the regulations;

             (b)  provide written responses to applicants within the time period prescribed in the regulations;

             (c)  provide written notice of a decision together with written reasons to applicants within the time period prescribed in the regulations with respect to all registration decisions and internal review decisions; and

             (d)  provide, where practical, information respecting measures or programs that may be available to assist unsuccessful applicants in obtaining registration at a later date.

Regulatory bodies to collaborate in program development

        8. A regulatory body shall take reasonable steps to collaborate with the education providers and employers that the regulatory body considers necessary in order to identify opportunities to develop programs that may assist unsuccessful applicants in obtaining registration in the regulated profession.

Internal review

        9. (1) A regulatory body shall provide a process for an internal review of a registration decision within the time period prescribed by the regulations after written reasons for the registration decision are provided to the applicant.

             (2)  A regulatory body shall provide an opportunity for the applicant to make submissions orally, in writing or by electronic means.

             (3)  A person who acted as a decision-maker in respect of a registration decision shall not act as a decision-maker in an internal review in respect of that registration decision.

Review of registration practices

      10. (1) A regulatory body shall

             (a)  undertake a review of its registration practices at the times prescribed in the regulations to ensure that they comply with this Act; and

             (b)  submit a report regarding the results of the review to the minister in a form and manner set by the minister and in the time period prescribed in the regulations.

             (2)  The review shall include an analysis of

             (a)  the extent to which the requirements for registration are necessary for, or relevant to, the practice of the regulated profession;

             (b)  the efficiency and timeliness of decision-making;

             (c)  the reasonableness of the fee charged by the regulatory body in respect of registrations; and

             (d)  any other matter prescribed in the regulations.

             (3)  A regulatory body that proposes to change its practices for the assessment of qualifications or any conditions of registration shall notify the minister of the proposed change in a form and manner set by the minister and in the time period prescribed in the regulations.

Powers and duties of minister

      11. The minister may

             (a)  for the purposes of determining compliance with this Act and the regulations, review the registration and assessment practices of regulatory bodies, including the use of third parties to assess the qualifications of applicants;

             (b)  make recommendations to regulatory bodies about their duties under this Act and the regulations; and

             (c)  exercise any other power or perform any other duty prescribed in the regulations.

Delegation of powers and duties

      12. The minister may delegate, in writing, to any person any of the minister's powers or duties conferred on the minister under this Act or the regulations.

Expedited process

      13. The minister may require a regulatory body to expedite the assessment and registration process.

Office established

      14. The minister may establish a Fair Registration Practices Office to assist the minister in the exercise of the minister's powers and the performance of the minister's duties and functions under this Act and the regulations.

Compliance order

      15. (1) Where the minister is of the opinion that a regulatory body has failed to comply with this Act or the regulations, the minister may issue a compliance order to the regulatory body.

             (2)  Before issuing a compliance order to a regulatory body, the minister shall give written notice to the regulatory body and allow the regulatory body at least 30 days to make a written submission explaining the reason for the non-compliance.

             (3)  A compliance order shall

             (a)  describe the way in which the regulatory body failed to comply with this Act or the regulations;

             (b)  set out any action that the regulatory body is required to take in order to remedy the non-compliance; and

             (c)  specify the time period in which the regulatory body is required to comply with the compliance order.

Annual report

      16. A regulatory body shall annually submit a report to the minister in the form, manner and with the content required by the minister.

Conflict

      17. Where a provision of this Act or the regulations made under this Act conflicts with a provision of another Act or the regulations under another Act, the provision of this Act or the regulations under this Act prevails to the extent of the conflict.

Protection from liability

      18. A person acting under the authority of this Act is not personally liable for anything done or omitted to be done in good faith in the exercise or performance, or intended exercise or performance, of

             (a)  a power, duty or function conferred upon the person by this Act; or

             (b)  a power, duty or function on behalf of or under the direction of a person on whom the power, duty or function is conferred by this Act.

Crown bound

      19. This Act binds the Crown.

Offence

      20. (1) A person who does any of the following commits an offence:

             (a)  contravenes this Act or the regulations;

             (b)  fails to comply with a compliance order referred to in section 15;

             (c)  refuses or fails to provide information as required by this Act or the regulations or provides false or misleading information to any person acting under this Act or the regulations; or

             (d)  obstructs or fails to cooperate with any person acting under this Act or the regulations in the exercise of the powers or the performance of duties or functions under this Act or the regulations.

             (2)  A person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.

Forms

      21. The minister may establish forms for the purpose and administration of this Act and the regulations.

Regulations

      22. The Lieutenant-Governor in Council may make regulations

             (a)  prescribing other matters for the purposes of paragraph 5(f);

             (b)  prescribing time periods for the purposes of sections 7, 9 and 10;

             (c)  prescribing other matters for the purposes of paragraph 10(2)(d);

             (d)  prescribing additional powers and duties of the minister;

             (e)  defining a word or expression that is used but not defined in this Act; and

             (f)  generally, to give effect to the purpose of this Act.

Commencement

      23. This Act, or a section, subsection, paragraph or subparagraph of this Act, comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.

Schedule A

Professional Engineers and Geoscientists of Newfoundland and Labrador

Association of Early Childhood Educators of Newfoundland and Labrador

Teachers' Certification Committee

College of Licensed Practical Nurses of Newfoundland and Labrador

College of Physicians and Surgeons of Newfoundland and Labrador

College of Registered Nurses of Newfoundland and Labrador

Newfoundland and Labrador Council of Health Professionals

Newfoundland and Labrador College of Social Workers

Newfoundland and Labrador Pharmacy Board

Newfoundland and Labrador Psychology Board

Newfoundland and Labrador Paramedicine Regulation

Motor Registration Division of Department of Digital Government and Service NL

Provincial Apprenticeship and Certification Board


Schedule B

Minister of Digital Government and Service Newfoundland and Labrador

Minister of Education

Minister of Health and Community Services

Minister of Immigration, Population Growth and Skills

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